Dean v. Dansby et al
Filing
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/26/2018 DENYING all pending 10 , 11 motions as moot and DIRECTING the Clerk to assign this case to a district court judge. Assigned and referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ALTON EUGENE DEAN,
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Plaintiff,
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v.
ORDER AND
TOMMY DANSBY, et al.,
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No. 2:18-cv-01776 CKD P
FINDINGS AND RECOMMENDATIONS
Defendants.
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By an order filed October 15, 2018, plaintiff was ordered to pay the filing fee within
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twenty-eight days and was cautioned that the failure to do so would result in a recommendation
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that this action be dismissed. The twenty-eight day period has now expired, and plaintiff has
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failed to pay the filing fee and comply with the court’s order.
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Accordingly, IT IS HEREBY ORDERED THAT:
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1.
All pending motions (ECF Nos. 10, 11) are denied as moot; and,
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2. The Clerk of Court is directed to randomly assign this case to a district court judge.
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IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice. See
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Fed. R. Civ. P. 41(b).
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, any party may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the
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objections shall be served and filed within fourteen days after service of the objections. The
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parties are advised that failure to file objections within the specified time may waive the right to
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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: November 26, 2018
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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12/dean1776.fifp.docx
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